A Study Of The Secret Criminal Investigation

In order to control and strike crime, countries alt over the world slather secret criminal investigation such as secret monitoring, secret taking photos and kinescoping, inductive investigation, undercover operation, while they rely on open investigation. Exercise of secret criminal investigations are effective in striking crime, but it also infringes citizen's constitutional rights such as private right, communication freedom and communication secret, house right etc, and it leads to conflict between crime control and protection of human rights in criminal lawsuit domain. Especial in our country, secret criminal investigations still have no law gist. So it is significant in theory and practice for China to study secret investigations systematically.For recent years, law circles take attention to two aspects that include how to restrict investigation section power and how to protect the human rights of the suspects, and they study secret investigation further step by step. But study of law circles mostly focuses on secret monitoring, inductive operation and undercover operation, and study does not still form system. There are still many disputes and different opinions about important theory problems of secret criminal investigation such as problem of justice, judicial review and parties protection of rights, whereas the article will probe into these basic theory problems and will give my suggestion and opinion about establishing judicial review and protecting the rights of the planted agent.The article is divided into five parts. The first part gives a definite concept of secret criminal investigation and analyzes its types and characters. The second part demonstrates its justice from theory and practice, and also analyzes that practical application of secret criminal investigation badly influences on criminal judiciary. The third part narrates applicable principles of secret criminal investigation through foreign lawmaking case. The fourth part mostly gives suggestion and opinion how we establish system of criminal judiciary of secret investigation and procedural punishing system in China through analyzing actuality of current investigation in China. The last part reviews system design which protects criminal suspects and the accused person in the course of secret investigation in foreign countries, and give some advice of establishing correspondent system in China, simultaneously article arguments protection of rights belongs to the planted agent.